UBCOM PRIVACY POLICY

The terms “UBCOM”, “we”, “us” and “our” refer to UBCOM SA, UBCOM France, UBCOM Luxembourg, UBCOM Portugal as the data controllers of your personal data, unless otherwise specified in this Privacy Policy.

• UBCOM SA is a Swiss limited company with a capital of 100’000. FR, whose registered office is located at rue du Rhône, CH 1920 Martigny, registered at the Trade and Companies Register of Martigny under the number CHE-153.617.211.
• UBCOM SA France branch is a public limited company whose registered office is located at 17 rue d’Arcole, 75004 Paris, France, registered with the Paris Trade and Companies Registry under number 881 381 792.
• UBCOM Benelux SARL is a Luxembourg limited liability company with a capital of 80,000 euros, whose registered office is located at 47 boulevard Joseph II, L-1840 Luxembourg, registered in the Luxembourg Trade and Companies Register under number B216446.
• UBCOM Portugal Unip Lda is a Portuguese limited liability company with a capital of 20,000 euros, whose registered office is located at DNA Cascais, Cruz da Popa, 2645-449 Alcabideche, Portugal, registered in the Portuguese Trade under the number 517352486.

UBCOM SA France, UBCOM Benelux SARL and UBCOM Portugal Unip Lda are companies of the parent company UBCOM SA.

You can find our contact details in the “Contacts” section of our website ubcom.eu.

Personal data is information about an identified or identifiable individual. It includes, for example, a person’s name, address and gender.

We may collect personal data directly from you or indirectly (for example, from your electronic devices that interact with our websites, electronic forms or mobile applications (the “Digital Platforms”).

You can provide us with data:

• when you fill out a form to download our online content
• when you use our Digital Platforms;
• when you attend one of our events.

Depending on what you provide to us, such information may include:

• your identity (including your first name, last name, gender, image, nationality)
• your contact information (including mailing address, e-mail, phone numbers);
• your personal status (including your title);
• your purchases and repairs (including purchase history, order details)
• certain payment information (including billing information, payment type or method, credit or debit card number);
• other information you may provide by filling out forms or contacting us (including your comments or other communications with us).

We will inform you when your information is needed to process your request, to respond to your inquiries or to provide our services to you. If you do not provide this information, it may delay or make it impossible to process your request, respond to your inquiries and provide the services.

We strive to ensure that the personal data we hold is accurate at all times. We therefore encourage you to update your data should any changes occur. We may also ask you to update your data from time to time.

We recommend that you provide only the data requested or necessary for your request, with the exception of sensitive data relating to race, ethnic origin, political opinions, religious or philosophical beliefs, and data concerning health, sex life or sexual orientation.

We may collect data when you use our Digital Platforms, including your IP address or other navigational data (including browser, operating system, device model), through cookies or similar technologies placed on your device. Some cookies are necessary for the proper functioning of our Digital Platforms and others are used for analytical purposes that help us provide you with more personalized services and a better digital experience. For more information about cookies and how to change your preferences, please access the settings on the cookie panel on ubcom.eu.

We may also collect information about you from third parties, such as a spouse who contacts us on your behalf or your friends who provide us with your contact information to invite you to events that may be of interest to you.

If you provide us with personal data about someone else, you must ensure that you have the right to disclose such data to us and that, without further action by us as required by data protection law, we can collect, use and disclose such data for the purposes described in this Privacy Policy. For example, you must ensure that the individual is aware of the various matters set out in this Privacy Policy. The individual must also provide the consents set out in this Privacy Policy with respect to the manner in which we process their personal data.

We remind you that we do not collect, directly or indirectly, personal data from persons under the age of 18, without prejudice to any local law setting a different minimum age. We therefore ask you not to provide us with personal data of persons who do not meet this criterion.

We collect and use your personal data on one or more of the following legal bases:

• we have obtained your prior consent (for example, when you agree to the use of cookies on our site). Please note that with this particular legal basis, you have the right to revoke your consent at any time (see below “How to contact us”);
• we have a legitimate interest in carrying out the processing and this legitimate interest is not overridden by your interests, fundamental rights or freedoms (e.g. prevention of payment fraud);
• we must process your personal data in order to comply with the laws and regulations in force.

Depending on the context, we may use your personal data to:

• provide you with the products or services you have requested;
• make checks to identify you and verify your identity;
• provide you with an after-sales service;
• manage all requests;
• respond to your questions, suggestions and requests, including requests to exercise your rights;
• manage claims and litigation;
• manage the events you have registered for and/or attended;
• monitor and improve our Digital Platforms;
• to carry out statistical analyses, in particular to adapt our service offer (including the use of nationality in an anonymous manner);
• improve our services;

With your prior express consent (usually obtained by checking a particular box on a form), you may receive information regarding offers, services, products or events sent by UBCOM SA. In this case, you also agree that your contact information may be shared with branches and companies of the parent company UBCOM SA for this purpose.

We rely on your consent to process the personal data you provide to us for this purpose. Therefore, if you no longer wish to receive such information, you may withdraw your consent at any time (see below “What are your rights regarding your personal data?”).

We may ask you to confirm or update your marketing preferences if you ask us to provide other products and/or services in the future, or if there are changes in law, regulation or our business structure.

Your personal data is processed for the period necessary for the purposes for which it was collected, to comply with legal and regulatory obligations and for the duration of any period necessary for the establishment, exercise or defense of legal claims.

In order to determine the most appropriate retention periods for your personal data, we have specifically considered the amount, nature and sensitivity of your personal data, the purposes for which we have collected your personal data, the service you deserve and expect from us, and applicable legal requirements. For example:

• Your data will be kept for one year from the last action, then deleted or archived to comply with legal retention requirements;
• Your data is kept for the duration of our business relationship and up to ten years, then deleted or archived to comply with legal obligations of conservation;
• With respect to cookies used on Digital Platforms: they are stored for up to 13 months from the time they are installed on your device.

We may disclose your personal data only to the parties named below and for the following reasons:

• We disclose your personal data to those employees of UBCOM SA who need to have access to your personal data and who are authorized to process it for the above-mentioned purposes and who undertake to keep it confidential.

• We may disclose your personal data to the departments of the UBCOM SA parent companies responsible for business relations, e-commerce, communications, legal affairs, finance, internal audit, IT management and security for the purposes set out in this Privacy Policy and to provide you with a consistent level of service across all UBCOM SA group companies. This may include providing you with the products and services you have requested, improving the services provided and, with your consent, sending you marketing communications regarding offers, services, products or events (for this purpose, you may revoke your consent at any time. See “What are your rights regarding your personal data?” below).

The companies of the parent company UBCOM SA are located in several European countries. Therefore, personal data can only be transferred to the headquarters of the parent company in Switzerland.

Some of our service providers may be located outside your country, specifically outside the EU. We have taken steps to ensure that all personal data is adequately protected and that all transfers of personal data, including outside the EU, are carried out lawfully. Where we transfer personal data outside the EU to a country that is not designated by the European Commission as providing an adequate level of protection for personal data, transfers will be made under an agreement that covers the obligations imposed by the EU for the transfer of personal data outside the EU, including the standard contractual clauses approved by the European Commission, or under other appropriate safeguards.

To obtain a description of the appropriate safeguards, you can send us your request using the details in the “How to contact us” section below.

• We may be required by mandatory provisions of applicable law or in connection with legal proceedings or other legal requests, to disclose your personal data to authorities or third parties.

• We may also disclose or process your personal data in accordance with applicable law to defend our legitimate interests (for example, in civil or criminal proceedings). For example, we may disclose such personal data if necessary to identify, contact or bring legal action against an individual or entity that is violating our Terms and Conditions of Sale and Use or is causing distress or harm to other users of our Digital Platforms.

All your personal data is strictly confidential and will only be accessed on a need-to-know basis by duly authorized UBCOM SA staff and independent service providers acting on our behalf under appropriate technical and organizational security measures.

The parent company UBCOM SA has implemented security measures to protect your personal data from unauthorized access and use. We follow appropriate security procedures in the storage and disclosure of your personal data to prevent unauthorized access by third parties and to prevent accidental loss of your data. We limit access to your personal data to those who actually need to access it for business purposes. Persons who have access to your data will be subject to a duty of confidentiality towards UBCOM SA.

We also have procedures in place to deal with any suspected data breach. We will notify you and any relevant supervisory authority of a suspected data breach where we are required by law to do so.

We also require those to whom we transmit your personal data to comply with the above. Unfortunately, the transmission of information via the Internet is not completely secure. Therefore, we cannot guarantee the security of your personal data transmitted to us via the Internet. Any such transmission is at your own risk and you acknowledge and agree that we will not be responsible for any unauthorized use, distribution, damage or destruction of your data, except to the extent that we are required by law to assume such responsibility. Once we receive your personal data, we will apply the security measures mentioned above.

In accordance with applicable data protection law, you may at any time request access to, rectification of, deletion of, portability of, or restriction of the processing of your personal data or object to it. A summary of these rights is set out below:

Your right of access: the right to receive a copy of your personal data.

Your right of rectification: the right to ask us to rectify any errors in your data or to complete them.

Your right to be forgotten: the right to ask us to delete your personal data, in certain situations.

Your right to restrict processing: the right to ask us to restrict the processing of your personal data, in certain circumstances, for example if you dispute the accuracy of the data.

Your right to data portability: the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and/or to transmit this data to a third party, in certain situations.

Your right to object to the processing: the right to object :

• at any time during the processing of your personal data for direct marketing purposes;
• in certain other situations, for our further processing of your personal data, for example processing on the basis of our legitimate interests.

Where the processing of your personal data is based on your consent, you may at any time decide to withdraw it. If your consent is withdrawn, this will not affect the processing of your personal data based on other legal grounds, such as the fulfilment of your orders and the retention of your order data in accordance with applicable law.

If you no longer wish to receive our advertising or promotional information, we remind you that you may revoke your consent to direct marketing at any time directly from the unsubscribe link included in each advertising email we send you. If you do so, we will promptly update our databases and take all reasonable steps to respond to your request as quickly as possible, but we may continue to contact you as necessary in connection with any product or service you have requested.

You also have the right to file a complaint with your local data protection authority in the event of an alleged violation of the data protection rules applicable to you.

To exercise any of these rights, please contact us using the contact information below (see “How to Contact Us”).

Please note that if you exercise any of the above rights, you will be asked to inform us which right you wish to exercise and to provide us with certain information (copy of an ID card, passport or other legally recognized identification) for identification purposes in order to process your request and to protect you from fraudulent requests from third parties.

If you have any questions about your account, to revoke your consent, or to make a general inquiry or complaint, please contact our customer service department:

• By e-mail : contact@ubcom.eu
• By mail : Rue du Rhône, 5 CH-1920 Martigny, Switzerland

For questions specifically related to advertising e-mails, we remind you that you can unsubscribe at any time directly via the “unsubscribe” link contained in all advertising e-mails sent to you by us.

If you have any questions or concerns about our Privacy Policy or data processing, you may contact the Group’s Data Protection Officer at contact@ubcom.eu

This Privacy Policy reflects our current practices and may be changed and updated from time to time. When we post changes to this Privacy Policy, we will change the “Effective Date” at the top of this Privacy Policy to indicate when such changes became effective.

If we change this Privacy Policy in a material way, we will notify you by means of a notice of change at the beginning of this Privacy Policy and on the home page of the Ubcom.eu website.